Legal_In_A_Limbo
03-10 10:07 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
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r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
gsrknth
08-22 11:59 AM
I have a simple stupid question. Do we have to attach passport size photos when applying for AP renewal?
Thanks in advance.
Yes you will need 2 photos for AP renewal , else you will receive RFE for photos.
Thanks in advance.
Yes you will need 2 photos for AP renewal , else you will receive RFE for photos.
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NYImmigrant
12-06 01:53 PM
Well I don't know for today... but in 2004, the going rate was $4/application
FBI name check: This partially automated, name-based check searches over 86 million files documenting people who are the main subject or referenced in an FBI investigation. USCIS electronically submits applicant names to the FBI National Name Check Program for benefits such as naturalization, permanent residence, and asylum. The legacy INS queried the main files since 1985 but added reference files to security checks in 2002. USCIS submitted 1.5 million names at a cost of $6.0 million in FY 2004.
Source: http://www.dhs.gov/xoig/assets/mgmt...06-06_Nov05.pdf
FBI name check: This partially automated, name-based check searches over 86 million files documenting people who are the main subject or referenced in an FBI investigation. USCIS electronically submits applicant names to the FBI National Name Check Program for benefits such as naturalization, permanent residence, and asylum. The legacy INS queried the main files since 1985 but added reference files to security checks in 2002. USCIS submitted 1.5 million names at a cost of $6.0 million in FY 2004.
Source: http://www.dhs.gov/xoig/assets/mgmt...06-06_Nov05.pdf
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anishNewbie
09-02 02:41 PM
Hey guys,
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
more...
smartboy75
06-30 05:48 PM
Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.
Did you efile or paper file ???
Also did u receive any finger-printing notice ???
Did you efile or paper file ???
Also did u receive any finger-printing notice ???
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
more...
nagu
02-26 02:41 PM
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
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guchi472000
11-21 09:02 PM
I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
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sintax321
10-22 02:40 AM
Thanks guys. I just sat down and started trowing things on the canvas. It all came together by accedent. I still have some other little stuff to add to it.
I know it is kind of old school to use radial blurs and scan lines but the look so cool.
I'm humbled by yuor comments thank you:goatee:
I know it is kind of old school to use radial blurs and scan lines but the look so cool.
I'm humbled by yuor comments thank you:goatee:
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raj3078
08-27 12:32 PM
You can claim UI... I used the benefit earlier and the UI office was very helpful. It is insurance and a public burden. It would not be held against you in AOS adjustment. But again, I am not a lawyer so my opinion is strictly mine and should not be considered as legal opinion.....
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pappu
12-13 04:20 PM
Good Idea.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
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rajeshalex
06-29 11:23 AM
yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment
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10-09 09:04 AM
omg everything is s coool
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mzdial
January 20th, 2004, 11:40 PM
Here's to wondering if the 14n isn't moving.. I've personally seen just a couple actually in the field, not a favorite of news photogs and I'm not sure what market is picking them up.
It's tough to compete with all of the emerging DSLR's and that's obviously good for us consumers.
It's tough to compete with all of the emerging DSLR's and that's obviously good for us consumers.